Term-time holidays: Telford dad says he will appeal fine for taking his children to Rhodes in school time
A Telford father who was fined for taking his children out of school says he plans to appeal the ruling.
Stuart Sutherland, 41, says he feels the legislation around taking children out of school during term time penalises people who don't work in a standard nine to five job.
Mr Sutherland and his wife Natasha, of Trench, Telford, appeared before Telford Magistrates Court two years ago after their children's six-day absence from two Shropshire schools in September 2014.
The couple pleaded guilty to taking their three children out of school for a holiday to Rhodes and refusing to pay a fine. The family of five went away on September 25 and returned on October 2, 2013.
The couple had refused to pay a council-imposed fine of £360, which then doubled to £720 because it was not paid within 21 days.
Magistrates fined them £630 plus £300 costs and a £63 victim surcharge.
Earlier this month Jon Platt won his case against Isle of Wight Council after it tried to fine him for taking his family on holiday in term time.
The dispute went before Isle of Wight Magistrates Court in October when Mr Platt won the case. But the local authority appealed against the decision at the High Court in London.
On Friday Lord Justice Lloyd Jones and Mrs Justice Thirlwall dismissed the council's challenge, ruling that the magistrates had not "erred in law" when reaching their decision.
The magistrates decided Mr Platt had "no case to answer" because no evidence had been produced to prove that his daughter had failed to attend school regularly.
Mr Sutherland, who works for MoD Donnington, says he was not given the opportunity to of having "no case to answer" and is now looking into getting a solicitor to challenge the verdict.
The father-of-three said: "It isn't about the money, it is about the criminal record, really.
"No parent in their right mind would take their children out of school if it would affect their education.
"Parents are not being given credit.
"I've had arguments with lots of teachers who say if you take children out of school for a week or two weeks they will never catch up.
"But what is the difference if the child is unwell?"
Serving in the Light Infantry for 10 years, Mr Sutherland says he missed a lot of time with his children.
He added: "
The people who make these rules quite often work nine to five."
